{
  "url": "https://openlegislation.uk/swansea-bay-tidal-generating-station-order-2015/schedule-1/paragraph-12",
  "json_url": "https://openlegislation.uk/swansea-bay-tidal-generating-station-order-2015/schedule-1/paragraph-12.json",
  "legislation": "uksi/2015/1386",
  "legislation_title": "The Swansea Bay Tidal Generating Station Order 2015",
  "legislation_url": "https://openlegislation.uk/swansea-bay-tidal-generating-station-order-2015",
  "path": "schedule/1/paragraph/12",
  "kind": "paragraph",
  "number": "12",
  "heading": "Contamination and groundwater",
  "text": "(1) Prior to the commencement of each phase of the authorised development a scheme to assess the nature and extent of any contamination on the Order land, and confirmation of whether or not it originates on the Order land must be submitted to and approved by the relevant planning authority in consultation with Natural Resources Wales. The investigation and risk assessment must be undertaken by competent persons in accordance with Land Contamination: A Guide for Developers and the EA/DeFRA Report CLR11 - Model Procedures for Management of Land Contamination and must be submitted as a written report. The written report is to include—\n(a) a desktop study to identify all previous uses on the Order land and potential contaminants on land and controlled waters. The desktop study must establish a “conceptual site mode” (“CSM”) identifying all plausible pollutant linkages to be assessed;\n(b) a survey of the extent, scale and nature of contamination;\n(c) an assessment of the potential risks to—\n(i) human health;\n(ii) ground waters and surface waters;\n(iii) adjoining land;\n(iv) property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes;\n(v) ecological systems; and\n(vi) archaeological sites and monuments of special historic interest;\n(d) an appraisal of remedial options, and proposal of the preferred remedial options; and\n(e) so far as relevant to land which is the subject of the written report in question, details of how the scheme has taken account of remediation works secured by an agreement under section 106 of the 1990 Act dated 20th November 2009 and made between Neath Port Talbot County Borough Council (1), St Modwen Developments Limited (2), St Modwen Properties PLC (3), BP Chemicals Limited (4) and BP Oil Llandarcy Refinery Limited (5) as well as consultation carried out with Baglan Bay Company Limited (company number 638328).\n(2) Prior to the commencement of each phase of the authorised development a remediation scheme to bring the Order land to a condition suitable for the intended use by removing any unacceptable risks to human health, buildings, other property and the natural and historical environment must be submitted to and approved by the relevant planning authority. The remediation scheme must include all relevant works to be undertaken, proposed remediation objectives, remediation criteria and site management procedures. The measures proposed within the remediation scheme must be implemented in accordance with an approved programme of works contained in that scheme.\n(3) Prior to operation of the relevant phase of authorised development commencing, a verification report which demonstrates the effectiveness of the agreed remediation works carried out in accordance with this Requirement must be submitted to and approved by the relevant planning authority.\n(4) In the event that contamination is found at any time when carrying out the authorised development that was not previously identified, work on the affected area must cease immediately and shall be reported in writing to the relevant planning authority. A Desk Study, Site Investigation, Risk Assessment and where necessary a Remediation Strategy must be undertaken in accordance with Land Contamination - A Guide for Developers. The Desk Study, Site Investigation, Risk Assessment and any Remediation Strategy must be submitted to and approved by the relevant planning authority. Prior to operation of the development, a verification report which demonstrates the effectiveness of the approved remediation must be submitted to and approved by the relevant planning authority.\n(5) In this Requirement “Land Contamination - A Guide for Developers” means the document entitled Land Contamination: A Guide for Developers (WLGA, WAG & EAW, 2012) certified as such by the Secretary of State for the purposes of this Order.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Word in Sch. 1 para. 12(1)(a) substituted (27.10.2015) by The Swansea Bay Tidal Generating Station (Correction) Order 2015 (S.I. 2015/1830), arts. 1, 2, Sch."
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Sch. 1 Pt. 3 para. 12(1)(c)(vi) substituted (4.11.2024) by The Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024 (S.I. 2024/924), regs. 1(2), 68"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Sch. 1 para. 12(4) substituted (27.10.2015) by The Swansea Bay Tidal Generating Station (Correction) Order 2015 (S.I. 2015/1830), arts. 1, 2, Sch."
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 1 para. 12 in force at 30.6.2015, see art. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2015/1386/schedule/1/paragraph/12",
    "retrieved_at": "2026-10-28T23:34:59.440320+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}